Aveek Sarkar And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18394 of 2009 Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA =========================================================== Aveek Sarkar & Anr .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-07-2015 The petitioner seeks quashing of the order of cognizance dated 14.03.1996 passed by the Judicial Magistrate, Patna in Complaint Case No. 1051C of 1995.

The case of the complainant is that he was Managing Directors of a duly registered company which was dealing with petroleum products. It had branches in Kolkatta and was genuine. However, a news item was published under the heading 'cheating by fake company at Patna on the plea of providing employment' and hence the complainant felt the news item published was a derogatory item. It has been submitted on behalf of the petitioners that even conceding the allegations in the complaint petition, no offence whatsoever is made out.

Considering such aspect of the matter the application is allowed

Patna High Court Cr.Misc. No.18394 of 2009 dt.17-07-2015 2/2 and the order of cognizance dated 14.03.1996 passed by the Judicial Magistrate, Patna in Complaint Case No. 1051C of 1995 is hereby set aside.

(Anjana Prakash, J) Prakash/- U T